Qur'an, Hadith and Scholars:Honor Killing
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Honor killing has occured in many cultures, and is the murder by family members, usually of females, who are perceived to have brought shame on the family. The attitude is that the honor of the family in the community can be protected or restored in this way. Common triggers for honour killing occur when young couples have unmarried relations with each other, or when a woman marries someone against the wishes of her parents.
In Islamic law, there is no punishment merely for the shame caused upon a family by their female relations, nor to restore family honor by killing them. There are, however, punishments for various types of Zina (unlawful sexual relations) in Islam. Zina includes both fornication (when they are unmarried), for which the punishment is flogging, and adultery (when they are married, but not to each other), for which the punishment is death by stoning. These punishments are only to be applied by the authorities.
Honour killing has been condemned in a recent fatwa, which says that the punishment for fornication by the unmarried is flogging, and must be carried out by the proper authorities.
However, some statements about women and rules to control women in Islamic primary sources very much contribute to the underlying attitudes towards women and girls held by those who commit honor killing and honor violence. There are also some related topics in Islamic sources concerning parents and their children, a woman marrying without approval of her wali, zina, and punishments, as detailed below.
Boy murdered to prevent grieving his parents by rebellion and disbelief (Kufran)
60. And when Moses said unto his servant: I will not give up until I reach the point where the two rivers meet, though I march on for ages.
61. And when they reached the point where the two met, they forgot their fish, and it took its way into the waters, being free.
62. And when they had gone further, he said unto his servant: Bring us our breakfast. Verily we have found fatigue in this our journey.
63. He said: Didst thou see, when we took refuge on the rock, and I forgot the fish - and none but Satan caused me to forget to mention it - it took its way into the waters by a marvel.
64. He said: This is that which we have been seeking. So they retraced their steps again.
65. Then found they one of Our slaves, unto whom We had given mercy from Us, and had taught him knowledge from Our presence.
66. Moses said unto him: May I follow thee, to the end that thou mayst teach me right conduct of that which thou hast been taught ?
67. He said: Lo! thou canst not bear with me.
68. How canst thou bear with that whereof thou canst not compass any knowledge ?
69. He said: Allah willing, thou shalt find me patient and I shall not in aught gainsay thee.
70. He said: Well, if thou go with me, ask me not concerning aught till I myself make mention of it unto thee.
71. So they twain set out till, when they were in the ship, he made a hole therein. (Moses) said: Hast thou made a hole therein to drown the folk thereof ? Thou verily hast done a dreadful thing.
72. He said: Did I not tell thee that thou couldst not bear with me ?
73. (Moses) said: Be not wroth with me that I forgot, and be not hard upon me for my fault.
74. So they twain journeyed on till, when they met a lad, he slew him. (Moses) said: What! Hast thou slain an innocent soul who hath slain no man ? Verily thou hast done a horrid thing.
75. He said: Did I not tell thee that thou couldst not bear with me ?
76. (Moses) said: If I ask thee after this concerning aught, keep not company with me. Thou hast received an excuse from me.
77. So they twain journeyed on till, when they came unto the folk of a certain township, they asked its folk for food, but they refused to make them guests. And they found therein a wall upon the point of falling into ruin, and he repaired it. (Moses) said: If thou hadst wished, thou couldst have taken payment for it.
78. He said: This is the parting between thee and me! I will announce unto thee the interpretation of that thou couldst not bear with patience.
79. As for the ship, it belonged to poor people working on the river, and I wished to mar it, for there was a king behind them who is taking every ship by force.
80. And as for the lad, his parents were believers and we feared lest he should oppress them by rebellion and disbelief.
81. And we intended that their Lord should change him for them for one better in purity and nearer to mercy.82. And as for the wall, it belonged to two orphan boys in the city, and there was beneath it a treasure belonging to them, and their father had been righteous, and thy Lord intended that they should come to their full strength and should bring forth their treasure as a mercy from their Lord; and I did it not upon my own command. Such is the interpretation of that wherewith thou couldst not bear.
A Valid Marriage Requires Approval of the Female's Wali
Note that while the above hadith says that such a woman commits zina (unlawful sexual intercourse), an earlier hadith in the same book indicates that this situation is not considered to be punishable adultery (as was also the consensus of the scholars according to Imam Abu Bakr al-Jassas (d. 370 A.H.) in his Ahkam al-Qur'aan):
Nevertheless, the requirement for approval from the wali of the woman in order for her marriage to be valid greatly increases the potential for shame to be cast by the community on her and her male family members if she defies their wishes.
A woman marrying without approval from her wali does not have a valid marriage according to this hadith and the majority of scholars. Her wali may only refuse a marriage for legitimate Sharia reasons (for example, if she wants to marry a non-Muslim). Otherwise his guardianship of her passes to another who will approve the marriage.
Punishments by stoning for adultery between a married person and someone who they are not married to
Vigilantism against apostates and sinners is commanded or goes unpunished
He assembled the people and said: I adjure by Allah the man who has done this action and I adjure him by my right to him that he should stand up. Jumping over the necks of the people and trembling the man stood up.
He sat before the Prophet (peace be upon him) and said: Apostle of Allah! I am her master; she used to abuse you and disparage you. I forbade her, but she did not stop, and I rebuked her, but she did not abandon her habit. I have two sons like pearls from her, and she was my companion. Last night she began to abuse and disparage you. So I took a dagger, put it on her belly and pressed it till I killed her.Thereupon the Prophet (peace be upon him) said: Oh be witness, no retaliation is payable for her blood.
Carry out legal punishments on relatives and do not let the fear of blame stop you
It is unclear whether a judge is required to rule on the matter first in the following hadith.
Follow the legal process when you find a man with your wife, not vigilantism
On contrast to the above hadiths, the following indicates that the legal process should be followed in the case of zina and not vilgilantism.
Messenger of Allah, if I were to find with my wife a man, should I not touch him before bringing four witnesses? Allah's Messenger (ﷺ) said: Yes. He said: By no means. By Him Who has sent you with the Truth, I would hasten with my sword to him before that. Allah's Messenger (ﷺ) said: Listen to what your chief says. He is jealous of his honour, I am more jealous than he (is) and God is more jealous than I.
No retaliation against parents for killing their offspring, or offspring's offspring
o1.1 - Retaliation
Retaliation is obligatory (A: if the person entitled wishes to take it (dis: o3.8)) against anyone who kills a human being purely intentionally and without right. (O: Intentionally is a first restriction and excludes killing someone through an honest mistake, while purely excludes a mistake made in a deliberate injury (def: o2.3), and without right excludes cases of justifiable homicide such as lawful retaliation.)
o1.2 The following are not subject to retaliation:
-1- a child or insane person, under any circumstances
-2- a Muslim for killing a non-Muslim;
-3- a Jewish or Christian subject of the Islamic state for killing an apostate from Islam (O: because a subject of the state is under its protection, while killing an apostate from Islam is without consequences);-4- A father or mother (or their fathers of mothers) for killing their offspring, or offspring's offspring;
Ahmad ibn Naqib al-Misri, Edited and Translated by Nuh Ha Mim Keller (p. 508, o1.1-2)
Vigilantism encouraged if there is no judge to carry out Allah's punishments
Shaykh ‘Abd al-Rahmaan al-Barraak, Islam Q&A, Fatwa No. 14305, http://www.islamqa.com/en/ref/14305/defamation%20of%20the%20prophet.
Honor killing and vigilantism forbidden even if there is no ruler
Concealing one who has committed this evil deed so that he may repent and set his affairs straight before he dies is better than exposing him, let alone killing him. The Prophet (peace and blessings of Allaah be upon him) turned away from Maa’iz (may Allaah be pleased with him) after he admitted committing zina, and he ignored him until he had repeated his confession several times, then he carried out the hadd punishment on him.
Based on this, that which is called “honour killing” is a transgression and wrongdoing, because it is killing one who does not deserve to be killed, namely the virgin if she commits zina (fornication), but the shar’i punishment in her case is flogging and banishment for one year, not execution, because the Prophet (peace and blessings of Allaah be upon him) said: “(The punishment for zina) of a virgin with a virgin person is one hundred lashes and exile for one year.” Narrated by Muslim. The one who kills her has killed a believing soul whom Allaah has forbidden to be killed, and there is a stern warning concerning that, as Allaah, may He be glorified and exalted, says (interpretation of the meaning):
“And those who invoke not any other ilaah (god) along with Allaah, nor kill such person as Allaah has forbidden, except for just cause, nor commit illegal sexual intercourse ___ and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace”
[al-Furqaan 25:68-69]Even if we assume that she deserves to be executed (if she was previously-married and committed zina), no one should do that but the ruler – as stated above. Moreover, in many cases killing is done on the basis of accusations and speculation, without proving whether the immoral action even took place.